Rule 58.Entry of judgment
Part VII: Judgment · Last amended January 1, 1972 · Last verified July 28, 2026
Full Text of Rule 58
Amendment History
Amended, effective May 28, 1962; Jan. 1, 1965; Jan. 1, 1966; Jan. 1, 1972.
Plain-English Summary
Rule 58 governs the mechanical last step of a case: getting a decision onto the judgment docket. Subject to Rule 54(b)'s rules on partial final judgments, a general jury verdict, or a court decision that a party recovers only a sum certain or costs or that all relief is denied, goes straight to entry — the prothonotary enters it in the judgment docket without waiting for any direction from the Court, unless the Court orders otherwise.
Other kinds of decisions need an extra step. When the Court grants relief beyond a sum certain, or when a jury returns a special verdict or a general verdict with interrogatory answers, the Court has to approve the form of the judgment first, and only then does the prothonotary enter it.
Rule 58's third provision sets the basic rule of effectiveness: a judgment matters only once it's both set forth and entered — an announced decision that hasn't been reduced to a docketed judgment isn't yet a judgment for most purposes. Entry itself isn't held up while costs get taxed. And Rule 58 keeps drafting judgments in the Court's hands as the default: attorneys don't submit proposed forms of judgment except when the Court directs it, and the Court isn't supposed to give that direction as a matter of course.
Frequently Asked Questions
When does a jury verdict get entered as a judgment in Delaware?
Rule 58(1) has the prothonotary enter a general verdict, or a court decision awarding only a sum certain, costs, or denying all relief, in the judgment docket forthwith, without waiting for court direction, unless the Court orders otherwise.
Does every judgment get entered automatically?
No. Rule 58(2) requires the Court to approve the form of judgment first when it grants other relief, or when there's a special verdict or a general verdict with interrogatory answers, before the prothonotary enters it.
When does a judgment take effect in Delaware?
Rule 58(3) states that a judgment is effective only when it has been set forth and entered.
Can entry of judgment wait until costs are calculated?
No. Rule 58(3) specifies that entry of the judgment isn't delayed for the taxing of costs.
Can my attorney just draft and submit the judgment form?
Generally no. Rule 58(3) says attorneys don't submit forms of judgment except on the Court's direction, and that direction isn't given as a matter of course.